State v. Collins

DE MUNIZ, S. J.

In this criminal case, we review the trial court’s order denying defendant’s motion in limine to exclude eyewitness identification evidence. In denying the motion, the trial court determined that a pretrial photographic lineup was not unduly suggestive under the test set out in State v. Classen, 285 Or 221, 590 P2d 1198 (1979). Following the pretrial hearing, defendant entered a conditional guilty plea to public indecency, reserving the right to appeal the denial of his motion.

While this case was pending in this court, the Oregon Supreme Court decided State v. Lawson/James, 352…